The sacked All-Progressives Congress (APC) candidate for the Bayelsa State guber election, Chief Timipre Sylva, has approached the Court of Appeal, Abuja, for an order reversing his sack, asking the court to stay the judgement execution.
Sylva, through his lawyer, Dr Ahmed Raji, SAN, has filed a stay of execution of the judgment of Justice Donatus Okorowo of the Federal High Court, Abuja, which barred him from participating in the governorship poll slated for next month.
The senior lawyer submitted that the trial court’s judgment was against settled principles of law and notable precedents, adding that the chances of success at the appellate court were very high.
Speaking shortly after filing the motion, Raji, disclosed that the appeal raised three fundamental issues touching on jurisdiction, locus standi and wrongful evaluation of affidavit evidence.
In the motion on notice, dated October 10, 2023, the appellant prayed the court for an order staying execution and/or further execution of the entire judgment and the orders contained in the Judgment of the Court, delivered on October 9, 2023, pending the hearing and final determination of the appeal lodged against the judgment and orders of this court before the Court of Appeal, Abuja.
The former Minister also prayed the court for an injunction, restraining the respondents from implementing and/or giving effect to the Declaratory and Executory Orders contained in the Judgment.
The appellant submitted that Okorowo in his judgment wrongly assumed jurisdiction by delving into the internal affairs of his party, APC, which is a non-justiciable cause of action and thereby occasioned a grave miscarriage of justice.
In addition, he argued that the trial court has a duty to understand the case presented by the parties and apply the law correctly.
In ground two, the former governor said Justice Okorowo erred in law when he wrongly conferred, allowed and adjudicated on the matter when the respondent has no locus standi to initiate or institute the action having confessed not to have participated in the primary election that produced him as the governorship candidate of the APC, thereby occasioned a grave miscarriage of justice against him.
He submitted further that the lower court failed to properly evaluate, determine and pronounce on his notice of preliminary objection challenging the competence of the suit and thereby breached his right to fair hearing as guaranteed by the 1999 Constitution.
No date has been fixed for the hearing of the appeal.
Okorowo, in a judgment delivered Monday night, held that Sylva was not qualified to participate in the November 11 governorship election in Bayelsa, on the grounds that he has been sworn- in twice and ruled for five years as governor of Bayelsa State.
It was the position of the judge that allowing Sylva, who was nominated by the APC to contest the governorship poll would amount to breaching the 1999 Constitution.
Deji Elumoye, Adedayo Akinwale, Alex Enumah in Abuja and Olusegun Samuel in Yenagoa
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